LAW ON LAND - Vietnam Laws

1 Subscription 54 (4/2003) 31 March 2004. NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF Vietnam . Independence - Freedom - Happiness No. 13-2003-QH11. LAW. ON. land . Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001-QH10 dated 25 December 2001 of Legislature X of the National Assembly at its 10th session;. This Law regulates the administration and use of land . CHAPTER I. General Provisions Article 1 Governing scope This Law governs the powers and responsibilities of the State as representative of the ownership of land by the entire people for uniform administration of land and the regime for administration and use of land ; and the rights and obligations of land users. Article 2 Applicable entities This Law shall apply to the following entities: 1.

2 State bodies exercising rights and discharging responsibilities as representative of the ownership of land by the entire people and carrying out the task of uniform State administration of land ;. 2. land users;. 3. Other entities involved in the administration and use of land . Article 3 Application of law 1. The administration and use of land must comply with the provisions of this Law. Where there is no relevant provision in this Law, the provisions of relevant laws shall apply. Ministry of Planning and Investment and Allens Arthur Robinson X-2865. Subscription 54 (4/2003) 31 March 2004. 2. Where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions which conflict with the provisions of this Law, the international treaty shall apply.

3 Article 4 Definition of terms In this Law, the following terms shall be construed as follows: 1. land allocation by the State means the grant of land use rights by the State by way of an administrative decision to an entity which has requirements for land use. 2. land lease by the State means the grant of land use rights by the State on the basis of a contract to an entity which has requirements for land use. 3. Recognition by the State of land use right for a person currently using land stably means the initial issuance by the State of a certificate of land use right to such land user. 4. Receipt of transfer of land use rights means the creation of land use rights which are transferred by another in accordance with law in the form of exchange, assignment, inheritance, giving as a gift or donation of land use right, or capital contribution by land use right creating a new legal entity.

4 5. land recovery means the issuance by the State of an administrative decision to recover land use rights or to recover land which has been allocated to an organization or the people's committee of a commune, ward or township for administration in accordance with this Law. 6. Compensation upon land recovery by the State means the return by the State of the value of land use right with respect to the recovered land area to the person from which land has been recovered. 7. Support upon land recovery by the State means the assistance provided by the State to persons from which land has been recovered by way of training in new occupations, arrangement for new jobs or funding relocation. 8. Administrative boundary file is a file servicing State administration of administrative boundaries.

5 9. Map of administrative boundaries is a map which shows markers of administrative boundaries and physical or topographical features relating to administrative boundary markers. 10. Administrative map is a map which shows the boundaries between different administrative units together with place names and a number of main natural, economic and social features. Ministry of Planning and Investment and X-2866 Allens Arthur Robinson Subscription 54 (4/2003) 31 March 2004. 11. Parcel of land is a part of land area the boundary of which is determined on site or described in the file. 12. Cadastral file is a file servicing State administration of land use. 13. Cadastral map is a map which shows parcels of land and related geographical features and which is drawn on the basis of administrative units being communes, wards or townships and certified by a competent State body.

6 14. Cadastral register is a register which is opened for each commune, ward or township for the purpose of recording land users and information on their land use. 15. Register of land inventory is a register which is opened for each commune, ward or township for the purpose of recording parcels of land and information on such parcels of land . 16. Register of land change monitoring is a register which is opened for the purpose of monitoring changes in land use, comprising changes of size and shape of parcels of land , land users, land use purposes, duration of land use, rights and obligations of land users. 17. Map of land use status is a map which shows the distribution of types of land at a defined time and is drawn on the basis of administrative units. 18.

7 Map of land use zoning is a map which is drawn at the beginning of the periodic cycle for zoning and shows the distribution of types of land at the end of the periodic cycle for zoning. 19. Registration of land use right means the recording of the lawful land use right with respect to a defined parcel of land in the cadastral file aimed at creating the rights and obligations of the land user. 20. Certificate of land use right is a certificate which is issued by a competent State body to a land user in order to protect the lawful rights and obligations of such land user. 21. land inventory means the review and evaluation based on cadastral files by the State of the land use status at the time of inventory and of changes to land in between two inventories. 22.

8 land stocktaking means the review and evaluation based on cadastral files and on-site by the State of the land use status at the time of stocktaking and changes to land in between two stocktakings. Ministry of Planning and Investment and Allens Arthur Robinson X-2867. Subscription 54 (4/2003) 31 March 2004. 23. Price of land use right (hereinafter referred to as land price) is the amount of money for a land area unit prescribed by the State or formed in a transaction relating to land use rights. 24. Value of land use right is the value for money of the land use right with respect to a fixed land area for a fixed duration of land use. 25. land use fee is the amount of money payable by a land user for a fixed land area in the case of allocation of land by the State with collection of land use fees.

9 26. land dispute is a dispute involving the rights and obligations of land users between two or more parties in a land relationship. 27. land destruction is an act to deform the topography, to decrease land quality or to pollute land , thereby causing loss or reduction of the ability to use land for the determined purposes. 28. Public service organization is an organization which is established by a competent State body, political organization or socio-political organization and which provides public services funded by the State Budget. Article 5 Ownership of land 1. land belongs to the entire people with the State as the representative owner. 2. The State shall exercise the right of disposal with respect to land as follows: (a) Decide land use purposes by passing decisions and by considering and approving land use zoning and land use plans (hereinafter referred to as land use zoning and planning).

10 (b) Decide the quotas on allocation of land and on duration of land use;. (c) Decide allocation of land , lease of land , land recovery, and permission for conversion of land use purpose;. (d) Determine land prices. 3. The State shall exercise the right to regulate sources of income from land through financial policies on land as follows: (a) Collection of land use fees and land rent;. (b) Collection of land use taxes and taxes on income from assignment of land use rights;. Ministry of Planning and Investment and X-2868 Allens Arthur Robinson Subscription 54 (4/2003) 31 March 2004. (c) Regulation of increased value of land not accruing from investment by the land user. 4. The State shall grant land use rights to land users via the form of allocation of land , lease of land , and recognition of land use rights for persons currently using the land stably; shall regulate the rights and obligations of land users.